Spouse Visa Refused !! Can I go for Judicial Review ?

[romi.550]

my application has been refused under paragraph 286 with reference to paragraph 284 (I) and paragraph 284 (IV) and I have no right to appeal. I'm really devastated don't know what to do now. Can I apply on the ground of 2 years relation in a judicial review ?
ps had overstayed my visa !!!!!

[Jellybean105]

Hi there

I'm sorry to hear you were refused. A similar thing happened with my husband and while his appeal was pending we applied for a spouse visa without knowing that we couldn't submit a new application. We also thought of challenging the decision as it came with no right of appeal. But we decided to go for a much easier route.

What is the reason of refusal given on your letter? I have no legal knowledge but as far as I have read, you should only go for judicial review when there is an error in law. Someone correct me if I am wrong.

Does HO currently hold your valuable documents? If you wife is British it might be best if you take the surrinder singh route. You wife will need to go to another EU country (like France - I have heard its easiest to get there with minimal border control) and start working or be self employed. Tell her to get a pps number, flat arranged and open a bank account.

Get your nikkah certificate translated and I think you can register a civil marriage with that.

Then tell her to come to the UK and tell HO you want to go and live with your wife (who is currently exercising her EU treaty rights in x country). Tell them you don't need a visa as you will be travelling with your wife.

I am sure that they would want you to leave the country as you are an overstayer so they should not stop you. Just convince them that you are allowed to go with your wife. Look it up online, print the EU directive 2004/38/EC and some cases to show them.

Once you are there.. Theres a whole process. But once you get a resident card of that EU country, you can return to the UK and apply for a resident card there.

Hope that helps!

[Ayyubi72]

I think your solicitor must be a drug addict who made this application. This application had to fail. If I were you I would make a complaint against the solicitor.

Spouse visa from within UK is only and only granted if you are in UK legally.

Also your nikah is not regarded as a valid marriage according to UK law. Once your application was with HO and you had acknowledgement letter, you should have tried to do civil marriage at register office. At least one thing would have been out of the way.

Does your spouse earn £18600 or more per year?

[romi.550]

[quote="Ayyubi72"]I think your solicitor must be a drug addict who made this application. This application had to fail. If I were you I would make a

Does your spouse earn £18600 or more per year?[


No

[Ayyubi72]

Yea go for a judicial review. You wife earns £ 28000 per year, so I am sure you have spare cash to burn.

Actually there is a better way. Don't go for judicial review. Go to the bookies, and spend all the money you are going to spend on judicial review, on putting bets. Believe me it will be a better use for the money. At least you will have some chance of success, and might end up with a lot of wins and pockets full of cash.

You only realistic option now is, get married, in UK or outside UK and apply for visa from your home country. Anything else would be a waste of time and money.

You will not succeed with a Judicial review or any other legal procedure as home office was right to refuse you application. Spouse visa is for spouses, and you are not a spouse. You nikah has no legal value.

If you register a civil marriage now and apply for visa afresh, it will again be an automatic refusal as you are now an oversatyer, and overstayers do not get spouse visa.

You are just wasting your time by having the urge to keep yourself planted in UK. Your only option is to apply from outside the UK after you get married.

[sublime688]

I dont think it is right Ayyubi72 to say the OP's only option is to apply from out of the UK.

I do think he has a chance applying within the UK if he so wishes, under the Partner route with Article 8, if he meets the requirements of Appendix FM R-LTRPT 1.1 (d).

based on the limited information the OP has provided, I think if he doesnt fall for refusal under Section S-LTR (Suitability leave to remain), and if the exception EX.1 applies to him, which I think it may apply, given that he said he has a subsisting 3 year relationship with his British partner, and if he meets paragraph E-LTRPT 2.2 - 2.4 and E-LTRPT 3.1 then he stands a chance of getting further leave to remain while in the UK

[Choc-Ice]

Yea go for a judicial review. You wife earns £ 28000 per year, so I am sure you have spare cash to burn.

Actually there is a better way. Don't go for judicial review. Go to the bookies, and spend all the money you are going to spend on judicial review, on putting bets. Believe me it will be a better use for the money. At least you will have some chance of success, and might end up with a lot of wins and pockets full of cash.

You only realistic option now is, get married, in UK or outside UK and apply for visa from your home country. Anything else would be a waste of time and money.

You will not succeed with a Judicial review or any other legal procedure as home office was right to refuse you application. Spouse visa is for spouses, and you are not a spouse. You nikah has no legal value.

If you register a civil marriage now and apply for visa afresh, it will again be an automatic refusal as you are now an oversatyer, and overstayers do not get spouse visa.

You are just wasting your time by having the urge to keep yourself planted in UK. Your only option is to apply from outside the UK after you get married.

I do agree with Ayubi to an extent..You need to really consider alot of factor before you proceed with the JR. The financial and time aspect of it. Remember most of this lawyer have got their own pocket's interest at heart.

There're other routes e.g Surinder Singh route that will BE cheaper and faster than the route you want to embark on. This is only my own opinion. I have seen so many people on this forum advise JR but I havent actually read one single success story.

[Obie]

You fell foul of the rules, as you had been an overstayer for a significant period before you applied. Had you applied as an unmarried partner prior to the leave expiring, then you would have been in a much stronger position. Paragraph 286 of the rules that predates July 2012, does permit refusal, if the conditions in 284 are not fully met. So in those circumstance a refusal will seem lawful.

You can either use the Surinder Singh rules, or if you have children again, you could reapply again under the new rules.

For you to qualify under exception 1, you will need to demonstrate that there are insurmountable obstacle to your wife moving with you to your country, or to you leaving the UK to apply over overseas.

I dont think a Judicial review will reap much, in these circumstances.